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MANOJ KUMAR OHRI
Umang Sahai Aggarwal – Appellant
Versus
Jai Prakash – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral) CM.APPL No.12122/2023
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
FAO 58/2023 & CM.APPL No.12121/2023
3. By way of the present appeal filed under Order 43 Rule 1 CPC, the appellant/defendant No.1 seeks setting aside of order dated 14.12.2022 passed by the learned ADJ-08, Central District, Tis Hazari Courts, Delhi in Misc. DJ No.320/2020 in New Suit No.08/2007 (Old Suit No.2261/1997) whereby his application under Order 9 Rule 13 read with Section 151 CPC was dismissed.
4. Ms. Suruchi Aggarwal, learned Senior Counsel appearing for the appellant has contended that inasmuch as the Trial Court held the appellant liable for the conduct of his erstwhile counsel, it has not appreciated the facts in correct prospective. It is submitted that though the Trial Court observed that the appellant himself was a qualified advocate, it failed to appreciate that he was not a practicing advocate and only appears before the Income Tax Tribunal.
5. To appreciate the contention raised on behalf of the appellant, brief recapitulation of the facts is necessary. Respondent No.1/plaintiff had preferred the underlying suit for specific per
The main legal point established is the interpretation of 'sufficient cause' under Order IX Rule 13 CPC, emphasizing that it must demonstrate the absence of negligence or lack of bona fide on the par....
The main legal point established in the judgment is the interpretation of 'sufficient cause' under Order 9 Rule 13 CPC, emphasizing that it is an elastic expression to be determined based on the fact....
The main legal point established in the judgment is that 'sufficient cause' for non-appearance under Order IX Rule 13 CPC should be construed liberally, considering the specific facts and circumstanc....
The main legal point established is that 'sufficient cause' for setting aside an ex-parte decree must demonstrate a reasonable defense and absence of negligence or inaction.
A party must demonstrate sufficient cause for non-appearance and file timely applications to set aside ex-parte judgments, supported by evidence.
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
The main legal point established in the judgment is the need for a liberal and sensitive approach by the courts in setting aside ex parte decrees, considering the circumstances of the defendant and t....
Delay/Laches/Limitation - Delay of 582 days in filing application - “Sufficient Cause” is an elastic expression and no hard and fast guidelines are prescribed. Court, in its discretion, has to consid....
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